Clear and objective approval criteria required
- alternative approval process
Amended by SB 1564
Effective since April 17, 2024
Relating to housing; creating new provisions; amending ORS 197A.400 and 227.175; and declaring an emergency.
Source:
Section 197A.400 — Clear and objective approval criteria required; alternative approval process, https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html.
Notes of Decisions
Where local provisions deal with contents of notices required under ORS 227.178, “clear and objective” standards may be established through notice contents rather than through text of local provisions. Rogue Valley Association of Realtors v. City of Ashland, 158 Or App 1, 970 P2d 685 (1999), Sup Ct review denied
Requirement that appearance and aesthetic standards attached to certain development or permit applications be “clear and objective” applies only when standards have no other regulatory purpose. Rogue Valley Association of Realtors v. City of Ashland, 158 Or App 1, 970 P2d 685 (1999), Sup Ct review denied
Local government clear and objective standard requirement applies to standards, conditions and procedures regulating development of housing without regard to whether development will occur on buildable land. Warren v. Washington County, 296 Or App 595, 439 P3d 581 (2019), Sup Ct review denied
As used in this section, “clear and objective standards” refers to whether standard itself, when read in context, is clear and objective; phrase does not prohibit standard from containing terms that are imprecise or ambiguous, which is relevant consideration in analysis of whether standard is clear and objective. Roberts v. City of Cannon Beach, 316 Or App 305, 504 P3d 1249 (2021), Sup Ct review denied
Up to date